Judge rules Jones won't be part of special session lawsuit

Illinois Senate President Emil Jones won’t be part of the lawsuit over Gov. Rod Blagojevich’s authority to set both the date and time of special sessions.

Doug Finke

Illinois Senate President Emil Jones won’t be part of the lawsuit over Gov. Rod Blagojevich’s authority to set both the date and time of special sessions.

Sangamon County Circuit Judge Leo Zappa decided Monday to limit the lawsuit to House Speaker Michael Madigan while acknowledging that any decision will affect the Senate as well as the House. Zappa said adding Jones to the lawsuit could result in more delays, and the proceeding could end up a “circus.”

Zappa also refused to dismiss the lawsuit, ordering lawyers for Blagojevich and Madigan to be ready to argue the case May 13.

Madigan’s lawyer, David Ellis, said the case against Madigan should be dismissed because Jones wasn’t included as a defendant, even though the Senate would be affected by any ruling in the case.

Blagojevich legal counsel William Quinlan said Jones wasn’t named because he never defied the governor’s edicts to hold special sessions at times set by Blagojevich. That was done by Madigan alone, Quinlan said, which is why the governor sued Madigan and no one else.

Quinlan also argued that adding Jones would mean that all 177 state lawmakers would have to be named as defendants because all of them would be affected by a decision in the case.

Blagojevich sued Madigan in August after Madigan refused to have the House meet at times set by the governor.

Madigan maintained that the governor was deliberately ordering the House to meet at inconvenient times as punishment for them not approving his legislative proposals.

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